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Privacy Policy

HEngage, Inc. d/b/a "Airbo"

Introduction

Your privacy is of the utmost importance to Airbo by HEngage. Our basic principles are:

We respect your privacy.

You control your personal information.

We limit our collection of personal information to that needed to provide and improve our services to you.

We do not disclose your personal information except as described in this Privacy Policy, which may be amended from time to time.

You as the user and we as HEngage have entered a voluntary relationship in which we provide services and information to you. The data you disclose to us makes it possible to deliver the wellness services we provide.

HEngage's services may contain links to other web sites outside the Site, including on the sponsor's website. We are not responsible for the privacy policies and/or practices of other sites. When linking to another site a user should read the privacy policy stated on that site. This privacy policy only governs information collected on http://airbo.com (the "HEngage Site") and its related sponsor-specific privacy-protected sites (the "Employer Site" and, together with the HEngage Site, the "Site").

What Information is Gathered

When you use our services you provide us with two types of information: personal information you knowingly choose to disclose and information we collect as you interact with our services.

HEngage will not sell, share, or rent your personal information to others in ways different from what is disclosed in this Privacy Policy. While we may use this information to improve the services we offer you, we promise not to pass on personally identifiable information to third parties, except as stated herein or if you specifically give us permission to do so.

Personal Information

In order to use our services and participate in Airbo by HEngage, you create an account and provide contact and identity information and other personal information as indicated on the registration form, including your preferred screen name, email address, photo, gender, and date of birth. We may ask for additional information (such as your height and weight) in order to better serve you and customize your experience. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature. Your failure or unwillingness to provide certain information may mean that a service or feature will not be available to you.

Your preferred screen name and photo and most other information you submit at the time of registration and thereafter on the Site regarding your participation in our services will be publicly available within the Employer Site. Some information, like gender, is made private by default.

You can always change your personal information by going to your account and making any edits you choose in your account profile. You can also request that we fix any errors, update information, or delete your information entirely. You can also opt out of any services that may be offered from time to time. Please understand that there may be a brief lag time between your request and our ability to make the changes and/or deletions requested. We may contact you to make sure that you are, in fact, the one making the request, for your own protection. We reserve the right to restrict and/or terminate your account with us once your information is deleted.

We may use the information you submit under your account or combine it with information provided by other users of our services in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of including your information.

As a result of our services, your activity while using our applications will be kept in our databases.

Browser and Other Information We May Collect

In addition to the information you choose to provide to us, Airbo by HEngage also collects and stores certain technical and other information about the online activities of our users—whether or not they are registered—on an aggregated (or collective) basis. This may include your IP address, browser type, and operating system. We track the number of people who view each page, and other site usage data, in order to learn which features are the most popular and thereby improve our service. We also record statistical information collected on the Site to better understand our audience. This information is recorded as anonymous group statistical information and is not connected to any personal information that you provide as a member.

Member Emails and Text Messages

From time to time we may provide you with periodic emails and text messages to let you know about improvements in our services, additional activities you may be interested in tracking, and changes to our terms of use or privacy policies. Airbo by HEngage may use URL tracking in the emails sent to you. When you open such email messages, our system may record the following data: the time you viewed the email and the URLs that you clicked on from that email. HEngage will also record if your email program is capable of receiving HTML-encoded email. URL tracking may use cookies. You may always opt out of receiving Airbo by HEngage emails and/or text messages.

Newsfeed and Blog Usage

Airbo by HEngage maintains a newsfeed as one of its features. Any comments you post on the newsfeed will be available for viewing on the Employer Site by all users. We do not monitor usage, nor are we responsible for any personally identifying information that a user may post in our newsfeed or in blog responses on our blogs. Users should take care in any public postings, and understand that anything posted by them may potentially be used by others on the Employee Site and therefore elsewhere.

International Visitors

Like almost every Web site, Airbo by HEngage may be accessed by an international audience. By visiting our Web site and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located outside your resident jurisdiction, which may have more or less stringent privacy practices than your own. By providing us with your data, you consent to the transfer of such data.

How Information is Used

We understand that you value your personally identifiable information. We generally use your personal information to render you services and to improve our services.

We may use your personal and registration information, as well as the pages you visit on the Site and the activities you engage in, to: improve our services; troubleshoot problems; measure how our services are working generally and for you in particular; inform you about services and updates; customize your experience; suggest goals for you; protect us against error, fraud and other criminal activity; enforce our Terms of Service; and as otherwise described to you at the time of collection and in this policy. At times, we may look across multiple users to identify problems, and in particular we may examine your personal information to identify users using multiple User IDs or aliases.

Third Party Sharing to Render Services to You

Although we do not currently contemplate doing so, in the future we may use third parties to help us perform services, like transmitting emails in response to your requests, or other service-related functions. If these third parties require access to your personally identifiable information in order to provide their services, they will be obligated to abide by this privacy policy when handling your information. We require third party service providers to limit their use of your personal information to rendering services for us and you consistent with this policy.

Disclosure of Personal Information

Our business is about building a long-term relationship with you. To build that trust, we know that as you spend time on our site, your personal information must remain within your control. Be assured that your personally identifiable information, such as your name, address, and email address is not sold to others.

There are some situations where we may need to disclose information to organizations or entities not described in our policy here. Airbo by HEngage may be required to disclose your personal information: (i) if we believe it is reasonably necessary to comply with legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirements of any governmental authority; (ii) would potentially mitigate our liability in an actual or potential lawsuit; (iii) is otherwise necessary to protect our rights or property, or that of others; or (iv) is necessary to protect the interest of other users of the Site.

We may share with third parties certain pieces of aggregated, non-identifiable information, such as the number of users who clicked on a particular activity, or other similar type information. This information will not be linked to any personal information that can identify any individual person.

Merger or Sale of Airbo by HEngage

We may also transfer the information in our possession in connection with a sale of assets of the company, a sale of the company or a merger. If that happens, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

Respecting Others' Privacy

By agreeing to our Terms of Service, you agree that, with respect to other users' personal information that you obtain through the Site or through a Airbo by HEngage-related communication or Airbo by HEngage-facilitated transaction, Airbo by HEngage hereby grants to you a license to use such information only for: (a) Airbo by HEngage-related personal communications that are not unsolicited commercial messages, (b) using services offered through HEngage, and Ⓒ any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your systems and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this paragraph, can you disclose personal information about another user to any third party without our consent and the consent of that user. You agree that other users may use your personal information to communicate with you in accordance with this paragraph.

Airbo by HEngage and our members do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add an Airbo by HEngage member or user to your mailing list (email or physical mail) without that member's express consent. To report Airbo by HEngage-related spam to us, please contact us at support@airbo.com

Security of Information

Your information is stored on servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy. Among other things, we use encryption in our storage of your information on the computer servers we use, and limit access to information to those of our employees and contractors who need to know it. Each of them is party to a confidentiality agreement limiting their ability to disclose any such information.

That being said, "perfect security" does not exist on the Internet. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Airbo by HEngage cannot 100% guarantee the security of any information you transmit to us or from our online products or services. Once we receive your transmission, we make all commercially reasonable efforts to ensure the security of your information on our systems.

If Airbo by HEngage learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using our Site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. Airbo by HEngage may post a notice on our web site if a security breach occurs. If this happens, you will need a web browser enabling you to view the Site. Airbo by HEngage may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at
(href="mailto:support@airbo.com") support@airbo.com.

Cookies and Personalization

As is standard website practice, our services use "cookies." Cookies are small packets of information we place on your hard drive for tracking purposes—essentially a code number that we use to recognize you when you come back to a website. Only the information you volunteer, however, or the choices you make while visiting the website, can be stored in a cookie. A cookie cannot determine your email address, for example, unless you type it in. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our services may not function properly if your cookies are disabled.

You agree that we may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as administrative notices and communications relevant to your use of the Site. By accepting the Terms of Service and Privacy Policy, you expressly agree to receive this information.

Children

We at Airbo by HEngage believe it essential that parents are involved in their children's online experiences. That is why, in compliance with federal law, we do not knowingly collect personal information of any kind from anyone under the age of 13. If we become aware of a user under the age of 13 providing information on our site, we will terminate their account and purge our databases of all information provided by that user.

Access to and Changing Information

Once you become a member of Airbo by HEngage, your personal information is stored in the Site. You may access or change your information at any time.

Notice of Modifications

In the future, HEngage may update and revise its privacy policy. We will always post the date of our latest modification at the end of this privacy policy. In addition, we will provide conspicuous notice on our website if we decide to change our privacy policy in a way that would be materially less restrictive than this policy. At that time, you will have the opportunity to decide whether or not you would like HEngage to apply the new privacy policy to your personal information or to opt out of the new policy. If you continue to use the Site, you will be accepting the new policies. If you decide to opt out of the new policy, you will no longer be able to participate as a user. The effective date of this policy is August 1, 2011. We encourage you to check this privacy policy and our terms of service periodically for changes.

Your continued use of the Site constitutes your acceptance of our privacy policy, as it may be amended from time to time.

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online. The few employees who have access to personal data are trained to comply with the above privacy policy and made aware of any updates or modifications.

Questions?

If you have any questions about this privacy policy still unanswered after reviewing this policy, please do not hesitate to contact us. You can e-mail us at
support@airbo.com.
Or you may mail us at the following address:

Airbo
1702 Abbot Kinney Blvd
Venice, CA 90291
Attn: Legal

Effective: August 1, 2011
Last modified: January 21, 2014

Terms and Conditions

HEngage, Inc. d/b/a "Airbo"

Hosted Service Agreement

This Hosted Service Agreement (the "Agreement") sets forth the terms and conditions by which you, as an authorized employee of your company, are permitted to access and use the Airbo by HEngage proprietary system (the "HEngage System") from HEngage, Inc. ("HEngage") to access the customized website that Airbo by HEngage has provided for use by your company (the "Company Website") and any accompanying content that is provided to you by your access to the HEngage System and the Company Website.

By accessing the Airbo by HEngage System and the Company Website, you acknowledge that you are an employee of your company authorized to access the Airbo by HEngage System and the Company Website and agree that these terms and conditions apply to you. You further acknowledge and agree to comply with the terms of use for the Company Website and the privacy policy linked to the Company Website. In the event of any discrepancy between this agreement and the Agreement your employer entered into with HEngage, the agreement between your employer and HEngage shall prevail and govern your use of the HEngage System. If you do not agree to these terms, you are not licensed or permitted to access and use the Airbo by HEngage System or the Company Website.

Use of the Airbo by HEngage System and the Company Website.

Access Rights.

Subject to the terms and conditions of this Agreement and the agreement between your employer and HEngage, HEngage grants to you a personal, limited, non-exclusive, non-transferable license, without right of sublicense, to access and use the Airbo by HEngage System as accessed via the Company Website.

User Account.

You are responsible for maintaining the security and confidentiality of the user ID and password that you use to access the Airbo by HEngage System and the Company Website. Your user ID and password are for your use and may not be shared or used by any other user of the Airbo by HEngage System or the Company Website. You agree to notify HEngage immediately at support@airbo.com if you become aware of any unauthorized use of your user ID, password or account. You are responsible for all activities that occur under your account.

Use Restrictions.

No rights are granted to you to reproduce, modify, make derivative works of, distribute or transmit any software to which the Airbo by HEngage System provides you access.

You acknowledge that the Airbo by HEngage System and any accompanying software and documentation contain the valuable trade secrets of HEngage; consequently, you agree that except as may be expressly permitted by applicable law, you will not cause or permit the reverse engineering, translation, disassembly or decompilation of any the HEngage System or any software comprising the Airbo byHEngage System ("HEngage Software"). If a jurisdiction in which you reside expressly permits by applicable law any of the foregoing activities regardless of contractual restriction, then you agree that prior to engaging in any such activity you will first notify HEngage of your desire to reverse engineer the Airbo by HEngage System or HEngage Software, and HEngage may, in its discretion, either provide you such information or impose reasonable terms and conditions on such use of the HEngage Software to ensure that HEngage's proprietary rights are protected.

The license granted in Section 1.1 is granted solely to you. You agree not to remove, obscure, or alter any HEngage or other proprietary rights notice affixed to, or contained within, the Airbo by HEngage System or accompanying content. All rights not expressly granted are reserved.

You shall: (i) have sole responsibility for the accuracy, legality, appropriateness and other aspects of all data and information you submit to the Airbo by HEngage System or post on the Company Website ("User Data"); (ii) prevent unauthorized access to, or use of, the Airbo by HEngage System and the Company Website, and notify HEngage promptly of any such unauthorized use; and (iii) comply with all applicable laws in using the Airbo by HEngage System and the Company Website.

Ownership; Confidentiality.

Ownership. You acknowledge that any and all intellectual property rights in and to the Airbo by HEngage System, the HEngage Software and any accompanying content and documentation are and shall remain the property of HEngage and its licensors, and you agree that at no time during or after the expiration or termination of this Agreement to in any way question or dispute the ownership thereof by HEngage.

Confidentiality. You hereby acknowledge and agree that the Airbo by HEngage System, and any information regarding the operation or use of the Airbo by HEngage System provided by HEngage is the proprietary and confidential information of HEngage (collectively, "Confidential Information"). You hereby agree not to use the Confidential Information except as authorized by this Agreement and further agree to hold the Confidential Information in strict confidence and protect such Confidential Information from disclosure using the same care you use to protect your own confidential information of like importance, but not less than reasonable care. Upon written request, or at the expiration or termination of this Agreement, you will return or destroy all Confidential Information (and all copies thereof), with written certification thereof. You may also have duties of confidentiality to your employer regarding your access to the Company Website. Those duties are separate from and in addition to any duties you have to HEngage under this Agreement.

DISCLAIMERS.

THE AIRO BY H ENGAGE SYSTEM, THE COMPANY WEBSITE, AND ALL CONTENT ACCESSIBLE VIA THE AIRBO BY H ENGAGE SYSTEM AND THE COMPANY WEBSITE IS PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, H ENGAGE DOES NOT WARRANT THAT THE H ENGAGE SYSTEM OR THE COMPANY WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR BE ERROR-FREE AND H ENGAGE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THIS AGREEMENT, THE AIRBO BY H ENGAGE SYSTEM AND THE COMPANY WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation Of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL H ENGAGE be LIABLE TO you, OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER you, FOR ANY LOST PROFITS, LOSS OF DATA, EQUIPMENT DOWNTIME OR FOR ANY INDIRECT, incidental, SPECIAL, exemplary, punitive OR CONSEQUENTIAL DAMAGES of any kind, however arising and regardless of cause of action, EVEN IF H ENGAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY LIABILITY IS IMPOSED ON H ENGAGE FOR ANY REASON WHATSOEVER HEREUNDER, THE AGGREGATE AMOUNTS PAYABLE BY H ENGAGE to you BY REASON THEREOF SHALL NOT EXCEED one hundred DOLLARS ($100). you acknowledge that the foregoing limitations are an essential element of the Agreement between the parties and that in the absence of such limitations the terms and conditions set forth in this Agreement would be substantially different. some jurisdictions LIMIT OR do not permit disclaimers of liability, so this provision may not apply to you.

Term AND termination

Term; Termination. This Agreement shall continue in full force and effect until terminated as set forth below. It shall immediately terminate at any time that the agreement between your employer and HEngage terminates. You may terminate this Agreement for convenience at any time by ceasing to use Airbo by HEngage System and the Company Website. In the event that either party has committed a material breach of this Agreement, the other party shall have the right to terminate this Agreement by giving thirty (30) days written notice of termination, and the breach has not been cured during such time.

Consequences of Termination.

Upon any termination of this Agreement, the licenses granted herein shall simultaneously terminate and you shall immediately cease all use of the Airbo by HEngage System and shall, within thirty (30) days after such termination, return to HEngage or destroy all copies of any documents containing any Confidential Information. Notwithstanding any termination or expiration of this Agreement, the provisions of Sections 2, 3, 4, 5.2, and 6 shall survive any expiration or termination of this Agreement.

General.

This Agreement will be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions. The state and federal courts located in Suffolk or Middlesex counties, Massachusetts, shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement, provided that HEngage may seek injunctive or other preliminary relief in any jurisdiction to enforce its rights under this Agreement. The parties expressly exclude the application of the 1980 United Nations Convention on the International Sale of Goods and the application of the Uniform Computer Information Transactions Act. In the event any provision of this Agreement is held by a proper authority to be prohibited by law or unenforceable, such provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You agree to indemnify and hold HEngage harmless from and against any liability, loss, damages, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Airbo by HEngage System and the Company Website and any User Data you submit via the Airbo by HEngage System or the Company Website. You may not assign this Agreement or your rights hereunder, or delegate your duties hereunder, in whole or in part, by operation of law or otherwise, without HEngage's prior written consent. Any such purported assignment without prior consent shall be null and void. The parties' rights and obligations under this Agreement will bind and inure to the benefit of their respective successors, heirs, executors and administrators and permitted assigns. All notices, consents, and approvals under this Agreement must be delivered in writing by email, courier, or by certified or registered mail (postage prepaid and return receipt requested), to the other party at the address provided as part of the license order process, and will be effective upon receipt or three business days after being deposited in the mail as required above, whichever first occurs. Either party may change its address by giving notice of the new address to the other party in accordance with the foregoing. Waiver of any breach or failure to enforce any term of this Agreement will not be deemed a waiver of any subsequent breach or right to enforce which may thereafter occur. In exercising your rights under this Agreement, you shall at all times comply with all applicable international, federal, state and local laws and shall not engage in any illegal or unethical practices. Without limiting the foregoing, you agree to comply with all applicable export and import control laws and regulations in your use of the Airbo by HEngage System and, in particular, you shall not export or re-export the Airbo by HEngage System without all required United States and foreign government licenses. This Agreement contains the final, complete, and exclusive agreement of the parties relative to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements relating to its subject matter.